Res 1995-043 - Laserfiche WebLink

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;)061/ it was origina\\y Cl:~ated O'r 'te.<:eived. This subsection does not limit the authority of a governing bod y or an elected county officer to establish retention periods for records under Section 203.042. (d Subsection (b) does not apply to a local government record whose public disclosure is prohibited by an order of a court or by another state law. CHAPTER 202. DESTRUCTION AND ALIEL"JATION OF RECORDS § 202.001. DESTRUCTION OF RECORDS. (a) A local government record may be destroyed if: (1) the record is listed on a records control schedule accepted for filing by the director and librarian as provided by Section 203.041 and either its retention period has expired or it has been microfilmed or stored electronically in accordance with the requirements of Chapters 204 and 205; --- (2) the record appears on a list of obsolete records approved by the director and librarian as provided by Section 203.044; or (3) a destruction request is filed with and approved by the director and librarian as provided by Section 203.045 for a record not listed on an approved control schedule. (b) The following records may be destroyed without meeting the conditions of Subsection (a): (1) records the destruction or obliteration of which is directed by an expunction order issued by a district court pursuant to state la~;and (2) records definèd as exempt from scheduling or filing requirements by rules adopted by the commis- sion or listed as exempt in a records retention schedule issued by the commission. § 202.002. LITIGATION AND OPEN RECORDS REQUESTS. (a) Regardless of any other provision of this subtitle or rules adopted under it, a local government record the subject matter of which is known by the custodian to be in litigation may not be destroyed until the litigation is S€tt1ed. (b) Regardless of any other provision of this subtitle or rules adopted under it, a local government record subject to a request under Chapter 424, Acts of the 63rd Legislature, Regular Session, "1973. (Article 6252-17a, Vernon's Texas Civil Statutes), may not be destroyed until the request ~ resolved: § 202.003. ~ŒTH9D OF DESTRUcrION.' (a) A local government record may be destroyed by burning, shredding, pulping, or burial in a landfill or by sale or donation for recycling purposes except as provided by Subsection (b). (b) Records to which public access is restricted under Chapter 424, Acts of the 63rd Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's Texas Civil Statutes), or other state law may be destroyed only by burning, pulping, or shredding. (c) A local government that sells or donates records for recycling purposes shall establish procedures for ¡ ensuring that the records are rendered unrecognizable as local government records by the recycler. ! (d) The director and librarian may approve other methods of destruction that render the records unrecogniz- - able as local government records. § 202.004. ALIENATION OF RECORDS PROHIBITED. (a) A local government-record may not be sold or donated (except for the purposes of recycling), loaned, transferred, or otherwise passed out of the custody of a local government to any private college or university, private museum or library, private organization of any type, or an individual, except with the consent of the director and librarian and at the expiration of its retention period under the local government's records control schedule. (b) Subsection (a) does not apply to a local government record that is temporarily transferred to a person for the purposes of IIÙcrofilming, duplication, conversion to electronic media, restoration, or similar records management and preservation procedures if the transfer is authorized by the records management officer or custodian. § 202.005. RIGHT OF RECOVERY. (a) The governing body may demand and receive from any person any local government record in private possession created or received by the local government the removal of which was not authorized by law. W Local Governmrnt Records Act Suppl. p. 7-20.6 :